Reed v. Wexford Health Sources et al

Filing 10

ORDER DISMISSING CASE with prejudice for failure to comply with an order of this Court. Further, because the complaint failed to state a claim upon which relief may be granted, this dismissal shall count as one of Plaintiff's three allotted strikes within the meaning of 28 U.S.C. § 1915(g). Signed by Judge Nancy J. Rosenstengel on 6/23/2016. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JEFFERY REED, #M-55142,
Plaintiff,
vs.
WEXFORD HEALTH SOURCES,
DR. AFUWAPE,
MARY JOHNSON,
and MS. KLEIN,
Defendants.

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Case No. 16-cv-00304-NJR

MEMORANDUM AND ORDER
ROSENSTENGEL, District Judge:
On March 21, 2016, Plaintiff Jeffery Reed filed a complaint (Doc. 1) pursuant to
42 U.S.C. § 1983 against several officials at Vandalia Correctional Center who allegedly denied
him adequate medical care. The complaint did not survive threshold review under 28 U.S.C.
§ 1915; it was dismissed for failure to state a claim upon which relief may be granted on April 1,
2016 (Doc. 6). The dismissal was without prejudice to Plaintiff filing a First Amended
Complaint on or before May 6, 2016 (Doc. 6, pp. 2-3). That deadline has now passed. Plaintiff
has not filed a First Amended Complaint. He also has failed to request an extension of the
deadline for doing so.
As a result, this case is DISMISSED with prejudice for failure to comply with an order
of this Court. FED. R. CIV. P. 41(b); see generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir.
1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). Further, because the complaint failed
to state a claim upon which relief may be granted, this dismissal shall count as one of Plaintiff’s
three allotted “strikes” within the meaning of 28 U.S.C. § 1915(g).

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If Plaintiff wishes to appeal this Order, he may file a notice of appeal with this Court
within thirty days of the entry of judgment. FED. R. APP. 4(A)(4). If Plaintiff does choose to
appeal, he will be liable for the $505.00 appellate filing fee irrespective of the outcome of the
appeal. See FED. R. APP. 3(e); 28 U.S.C. § 1915(e)(2); Ammons v. Gerlinger, 547 F.3d 724, 72526 (7th Cir. 2008); Sloan v. Lesza, 181 F.3d 857, 858-59 (7th Cir. 1999); Lucien v. Jockish,
133 F.3d 464, 467 (7th Cir. 1998). Moreover, if the appeal is found to be nonmeritorious,
Plaintiff may also incur another “strike.” A proper and timely motion filed pursuant to Federal
Rule of Civil Procedure 59(e) may toll the 30-day appeal deadline. FED. R. APP. P. 4(a)(4).
A Rule 59(e) motion must be filed no more than twenty-eight (28) days after the entry of the
judgment, and this 28-day deadline cannot be extended.
The Clerk’s Office is DIRECTED to close this case and enter judgment accordingly.
IT IS SO ORDERED.
DATED: June 23, 2016
___________________________
NANCY J. ROSENSTENGEL
United States District Judge

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